NCJ Number
108866
Journal
Case and Comment Volume: 93 Issue: 1 Dated: (January-February 1988) Pages: 3-9
Date Published
1988
Length
7 pages
Annotation
The paper examines the benefits and disadvantages of videotaped depositions and the law governing their use in Federal court.
Abstract
The videotape deposition offers an opportunity to personify a witness who cannot appear at trial. It can also be used to demonstrate events or conduct that cannot be reconstructed in the courtroom and to enhance the use of exhibits. If the witness does not have a good appearance while testifying, however, a stenographic deposition would be preferable. Other significant disadvantages of videotaping are its expense and the additional legal work required. More preparation of the witness is necessary to avoid problems associated with long pauses or unattractive physical appearance. Procedures for taking a videotape deposition are governed by Rule 30(b)(4), Federal Rules of Civil Procedure which specify two procedures for recording a nonstenographic procedure. First, the parties must stipulate in writing to the method proposed. Second, the party seeking discovery must move the court to order some other method. The article discusses whether a party may use nonstenographic recording of a deposition as a matter of right and the form of motion or proposed order. A form order authorizing videotape deposition is appended.